The defendant is charged [in count __]
with credit card theft. The statute defining this offense reads in pertinent
part as follows:

any person who receives a credit
card that (he/she) knows to have been (lost / mislaid / delivered under a
mistake as to the identity or address of the cardholder), and who retains
possession, custody or control thereof with intent to use it or to sell it or to
transfer it to any person other than the issuer or the cardholder, is guilty of
credit card theft.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Received a credit
cardThe first element is that the
defendant received a credit card. "Received"
means to have acquired possession, custody or control. "Credit
card" means any instrument or device, whether known as a credit card, as a
credit plate, or by any other name, issued with or without fee by an issuer for
the use of a cardholder in obtaining money, goods, services or anything else of
value on credit.

Element 2 - KnowledgeThe second element is that the
defendant knew that the card was (lost / mislaid / delivered under a mistake as
to the identity or address of the cardholder). A person acts "knowingly"
with respect to conduct or circumstances when (he/she) is aware that (his/her)
conduct is of such nature or that such circumstances exist. <See
Knowledge, Instruction 2.3-3.>

Element 3 - Retained possessionThe third element is that the
defendant retained possession, custody or control of the card with the intent to
use it or to sell it or to transfer it to any person other than the issuer or
the cardholder. A person acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant 1) received a credit card, 2) knew
that the card was lost, mislaid, or mistakenly delivered, and 3) retained
possession of the card with the intent to use it, sell it, or transfer it to
another person.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of credit
card theft, then you shall find the defendant guilty. On the other hand, if you
unanimously find that the state has failed to prove beyond a reasonable doubt
any of the elements, you shall then find the defendant not guilty.